The Law Office of Heather R. Klein – Practice Areas

Bankruptcy

When consumers are unable to pay their debts and need the protection of bankruptcy, we file Chapter 7 Liquidations and Chapter 13 Reorganizations. We also handle conversions from Chapter 7 bankruptcies to Chapter 13 cases and Chapter 13 case to Chapter 7 bankruptcies. This representation also includes filing proofs of claim for creditors, motions for relief from stay and other motions for creditors.

Business Law—Corporate

We offer all services necessary to the creation of for profit corporations, limited liability companies, partnerships and professional limited liability companies. We can also assist with the creation of non-profit corporations and filing of tax exempt status with the IRS. We can also prepare by-laws and operating agreements, file annual reports, serve as a registered agent, and offer dissolutions for all corporate entitles and filing for tax identification numbers with the IRS and North Carolina Department of Revenue.

Civil Litigation

We represent clients in civil actions from the Magistrates Court for small claims, to District Court and Superior Court cases for any civil actions. We handle the case from the filing of the complaint for plaintiffs, answers for defendants, mediations, motions practice, limited appearances, trials and appeals.

One example of this type of case is Private Termination of Parental Rights. These cases involve parents of a child or children who have failed to perform their duties as a parent and therefore their rights to that child or children are severed, freeing the child or children for adoption.

Contracts & Notorizations

We can provide contracts for all legal situations, including construction contracts, employment agreements, real estate contracts, timber sales contracts, uniform commercial code agreements, contracts for deed, contracts for sale of goods, non-compete contracts and other general areas of contract law.

Criminal Defense

Being charged with a crime is one of the most stressful and confusing things that can occur in a person’s life, and we are here to provide meaningful counsel and to ensure that your Constitutionally guaranteed rights are protected. Even seemingly minor criminal convictions can have serious and enduring effects on your future, including harm to your reputation, loss of job prospects, and massive financial penalties. As a result, we believe in evaluating all of the angles to your case and zealously advocating on your behalf for the best possible result, rather than pushing you to accept a quick plea bargain. If you or someone you love has been charged with a crime or traffic citation, please contact our office to schedule an appointment with criminal defense attorney Matthew K. Andrews.

Although traffic citations are so common that it may seem prudent to simply pay off the ticket and waive your right to appear in court, nothing could be further from the truth. If not handled properly, a few minor traffic tickets can lead to a suspension of your privilege to drive in the State of North Carolina, as well as costly increases to your car insurance premiums. We handle all traffic matters including Speeding, Driving While License Revoked, Driving without Insurance, No Operators License, Fictitious Tags, No Registration, Driving after Consuming, Open Container, and many others.

The charge of Driving While Intoxicated is among the most serious non-felony offenses in North Carolina, and we would be pleased to assist you at every stage of the process from arrest to trial and sentencing. The penalties for conviction of a DWI in our state are specifically designated at five different levels depending on a variety of aggravating and mitigating factors, with the maximum punishment being 36 months in jail and a $10,000 fine – not to mention the possibility of an indefinite suspension of your privilege to operate a motor vehicle. We will not only counsel you on whether a trial or plea is in your best interests, but also on how to take the proper steps to reduce the sentence you could receive even if you are convicted as well as the availability of limited driving privileges.

Criminal defense attorney Matthew K. Andrews has a great deal of experience defending clients on the full range of misdemeanor criminal offenses, including assault, larceny, misdemeanor possession of marijuana, communicating threats, and many others. In the State of North Carolina, it is extremely easy for any private citizen to appear before a magistrate to take out a warrant for a misdemeanor offense against you, and Mr. Andrews will vigorously contest false charges at trial. In the event that a plea of guilty or no contest is appropriate, Mr. Andrews will explore all avenues to maximize your best interests, including the possibility of deferred prosecution agreements to have your charges dismissed.

Our firm accepts a number of felony cases, including felony possession/sale/delivery of controlled substances, drug trafficking, and felony assaults to name a few. If you have been charged with a felony, please call our office to schedule a consultation to get a dedicated criminal defense attorney to protect your rights.

Family Law

Any issue that surrounds family law usually involves very emotionally charged circumstances and many clients need help in understanding what to do next when they are faced with separation, child custody, divorce or other difficult family matters. Our firm has been helping clients with these issues for 10 years now. We believe that it is important for our clients to know their legal rights and feel better prepared in dealing with a difficult subject matter. Being prepared and knowing your rights is a great comfort. We strive to make sure each client knows we are here to help and will work tirelessly to resolve the legalities of each situation.

Our firm handles separations between spouses, which involve a written contract concerning child custody, child support, alimony, spousal support and property division. These actions are enforced by the courts on a breach of contract basis. Legal separations, which are court ordered and involve the same issues as contractual separation agreements, can be enforced by the courts on motion of the parties. We also handle Divorce from Bed and Board actions, which are a type of legal separation enforced by the courts whereby the parties are separated and forbidden to live or cohabitate together, without affecting the marriage itself.

Divorce is the permanent legal separation of the parties, effected by the judgment or decree of a court, totally dissolving the marriage relationship of the parties. North Carolina is a “No-fault,” state, which means that there need not be a reason to be granted a divorce. The parties need to be separated for one year before the date an action is filed, and residents of the state for six months preceding the filing. In addition, we handle Equitable Distribution actions involving the court ordered distribution of assets and property of the marital relationship.

Child custody cases are among the most sensitive matters in the entire legal profession, involving the question of the extent of the parents’ rights in the care and companionship of their children. Although child custody battles can seem daunting, our attorneys will zealously advocate on your behalf and ensure that you fully understand each step of the process. In the event that the parties can agree to a custody arrangement, our attorneys will draft a comprehensive agreement (called a “separation agreement” in the case of married parents or a “parenting agreement” in the case of unwed parents) to settle all the important issues you are likely to encounter and to avoid fights and returns to court in the future, including both physical custody and the power to make important decisions for your child (called “legal custody”). If no agreement can be reached or if you are seeking sole custody of your child, we will file a custody complaint on your behalf and represent you at every stage of the proceeding.

Legitimation is the legal process wherein a child becomes the legal child of an unknown father on a birth certificate. This legal process allows a child to inherit from the father once paternity is established and the court orders the father to show as such on the birth certificate.

We are pleased to offer name changes of any kind, adult or child. We file all legal notices and petitions for this with the Clerk of Court. Anyone can change their name one time without the need for a judge to order the same.

Prenuptial Agreements are contractual agreements between prospective spouses prior to marriage, which secure the financial rights of one or both of the prospective spouses. Anti-Nuptial Agreements are used after parties are married, but who still wish to secure their financial rights between the spouses. These rights are set in a contract between the spouses.

Real Estate

We handle all aspects of residential real estate purchases, sales and refinances. We prepare contracts for the purchase of residential real estate, buyers and sellers transactions, loan transactions, 1031 exchanges and handle all closing transaction details. Our office can prepare deeds of trust, notes, contracts for deed, gift deeds, life estate deeds, combination deeds, boundary line agreements, and easements for wells, septic and road right of ways, escrow agreements, subordination agreements and any other aspect of residential real estate transactions.

We also represent homeowner’s associations in their incorporation, creation of by-laws and restrictions and collections of unpaid maintenance dues. We represent landlords or tenants in residential or commercial real estate transactions, draft leases, and also represent both landlords and tenants in eviction (“summary ejectment”) actions. Finally, we negotiate and draft Christmas Tree leases for all parties, represent parties in partitions of real property, and handle foreclosures as substitute trustee for lenders or borrowers.

Social Security Disability

We handle Social Security Disability cases for SSI or SSDI in front of the Social Security Administration, consisting of appeals, reconsiderations and appeals for a hearing with an Administrative Law Judge.

Wills, Trusts & Estate Administration

Our firm offers full services for your estate, from preparation of Wills, Durable Power of Attorneys, Living Wills, Health Care Power of Attorneys, and Trusts (revocable & irrevocable). We also provide estate administration services for probate of wills or administration of estates of a decedent. Probate involves preparation of the application for letters testamentary or administration, filing the inventory, annual accountings or final accountings, years allowance, family settlement agreements and serving as resident process agents. We also serve as executors of estates, administrators or trustees of trusts. We also handle guardianship cases for the incompetent person or estate.